Resources on Minnesota Issues Legislative Ethics

This guide is compiled by staff at the Minnesota Legislative Reference
Library on a topic of interest to Minnesota legislators. It is designed
to provide an introduction to the topic, directing the user to a variety
of sources, and is not intended to be exhaustive.

The Minnesota Legislature is given the power to govern the ethical behavior of its members by
Article IV, Section 7 of the Minnesota
Constitution, which gives each chamber of the Legislature the power to punish its members for "disorderly behavior" as well as the power
to expel a member with a two-thirds vote. Much of the debate over legislative ethics centers on the meaning of "disorderly behavior."
It has generally been taken to include unethical political behavior, actions which may not be illegal according to civil or criminal codes
but are an abuse of the public trust and bring discredit upon the institution of the Legislature.

The scope of ethical behavior within the Minnesota Legislature has been delineated by the rules of both the House and the Senate:

These rules treat the topics of accepting honoraria, distributing materials about another member that are known to be libelous,
conflicts of interest, prohibited campaign activities, proper relations with lobbyists, and even smoking in the Capitol building.

The Minnesota Legislature is largely self-governing, with two committees and one state board overseeing ethical behavior.

Senate. The Ethical Conduct Subcommittee (a subcommittee of the Senate's Rules and Administration Committee) reviews conduct in the Senate when necessary. The Ethical Conduct Subcommittee, as detailed in Rule 55 of the Permanent Rules of the Senate, consists of four members and acts in an investigative and advisory capacity. The subcommittee provides confidential advice and recommendations to employees and members of the Senate and will also investigate a complaint by a member of the Senate regarding improper conduct by a member or employee of the Senate.

State board. The Minnesota Campaign Finance & Public Disclosure Board is composed of six members appointed by the governor and has as its stated mission to "promote public confidence in state government decision making through development, administration, and enforcement of disclosure and public financing programs which will ensure public access to and understanding of information filed with the Board." The Board's duties include lobbyist registration, maintaining files of economic interests of candidates for public office in Minnesota, registering campaign finance programs, and administering the provisions of Minnesota Statutes, chapter 10A, including investigating alleged violations. The Board also issues advisory opinions in response to queries from individuals or organizations.

The rules of the House and Senate are not laws; a member violating one of the rules cannot be arrested, tried, or sentenced in a court of law, nor can the violation of any of the statutes in Minnesota Statutes, chapter 10A be considered a crime (Minnesota Statutes, section 10A.34, subdivision 3). The proceedings of the House and Senate ethics committees are a separate process from any criminal investigation and are not admissible in criminal proceedings, and any punishment for violating the tenets of ethical behavior as outlined in the rules of the House and Senate and the Minnesota Rules and Statutes is strictly internal.

The disciplinary process begins when someone submits a complaint to one of the three bodies in charge of overseeing legislative ethics.

Senate. In the Senate, a complaint about a member or an employee must be in writing under oath and submitted to the Subcommittee on Ethical Conduct during a legislative session. The subcommittee has thirty days to either make a finding of no probable cause, defer proceedings, or to launch an investigation. The entire process is described in Rule 55 of the Permanent Rules of the Senate.

House. In the House, a complaint about a member must be in writing, under oath, signed by two or more members of the House, and contain factual evidence supporting the complaint. A complaint is submitted to the Speaker of the House, and the complainants must give a copy of the complaint and any supporting materials to any member named in the complaint. Within seven days after receiving a complaint, the Speaker must refer the complaint to the Ethics Committee for processing by the committee.

State board. Any citizen who believes that a provision of Minnesota Statutes, chapter 10A has been violated may make a complaint to the Minnesota Campaign Finance and Public Disclosure Board according to the process detailed in Minnesota Rules, chapter 4525.0200. Disciplinary actions are not specified in any of the rules or statutes but can range from requiring a public apology, making restitution, loss of seniority and leadership positions, censure, or expulsion.

Significant Books and Reports (Reports on specific Minnesota cases)

The Library has notebooks containing news articles, transcripts, and other materials relating to many (although not all) ethical conduct cases within the Minnesota Legislature. The fact that an investigation was made about a member of the Legislature is not an indication of that member's guilt; it merely means that an investigation was made into an alleged violation of ethical conduct standards.

Ethical Conduct. St. Paul: Minnesota Senate, Subcommittee on Ethical Conduct, 1995-. (JK6174.8 .E84) (These notebooks contain transcripts, letters and memoranda relating to the proceedings of the Subcommittee on Ethical Conduct in response to complaints about various senators.)

Minnesota House of Representatives Debate on the Censure Resolution on the Conduct of Rep. Jeff Bertram. St. Paul: Minnesota House of Representatives, House Television Services, 1996. [video recording] (KFM5821.5.L4 M56 1996)

Rosenthal, Alan. The Ethics Process in State Legislatures: Disciplining Members in a Public Forum. Denver, CO: State Legislative Leaders Foundation: National Conference of State Legislatures, 1999. (JK2445.E8 R81 1999)

The State of State Legislative Ethics: a Look at the Ethical Climate and Ethics Laws for State Legislators. Denver, CO: National Conference of State Legislatures, Center for Ethics in Government, 2002. (JK2445.E8 S73 2002)